20081457 Ver 1_401 Application_20080908

08-1457
Jay Johnson
c/o Blue Water Environmental
Services
1473 Boyd Galloway Rd.
Grimesland, NC 27837
252-341-9802
'A I
This gives Jay Johnson permission to enter onto the property off
Simmons Street in New Bern to perform wetland work and obtain
permits necessary for a road crossing.
2a"Q W-,-
Lynwood Butts
?.
??p ? 3 2008
UENR ? ?5 ORM''kA1ERg??"?
V+iETU,.yGS Ap,D
rI
Blue Water Environmental
c/o Jay Johnson
1473 Boyd Galloway Rd
Grimesland, N.C. 27837
252 3419802
Ms Tracey Wheeler, Project Manager
USACE Washington Regulatory Field Office
P.O. Box 1000
Washington, N.C. 27889
9/19/08
Dear Ms Wheeler,
Please find enclosed a Nationwide 14 permit application for Lynwood Butts for a road crossing to
access a tract of land in New Bern. The project consists of building a 20' wide driveway (top width) to
access a 16.7 acre tract from an existing 50' easement off Simmons Street. The driveway impacts were
minimized to a total of .07 acres of 404 wetland impacts. These impacts will be mitigated onsite at a 2:1
ratio. An equalizer pipe will be placed under the driveway to allow for water to equalize between the
wetlands. The USGS topographical map indicates a blue line stream on or near the property that drains
under Simmons Street. I found no indication of a stream on this tract that feeds to a stream or that
drains this wetland system under Simmons Street. This corresponds to the application not showing any
stream or buffer impacts. Should you have any questions please give me a call.
Sincerely,
)-? 1??' Jay Johnson
I,
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. ® 8 1 4 5 7
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
H. Applicant Information D [A ?
1. Owner/Applicant Information S E P 2 3 2008
Name: Lynwood Butts DENR -?IVATER QUAL11Y
Mailing Address: 1633 Foster Rd ai?Tea?? ??.?seaac
Greenville, N.C. 27858
Telephone Number: 252 341 1642 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jav Johnson
Company Affiliation: Bluewater Environmental Services
Mailing Address: 1473 Boyd Galloway Rd.
Grimesland, N.C. 27837
Telephone Number: 252 341 9802 Fax Number:
E-mail Address:
M. Project Information
Page 5 of 12
I '
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Lynwood Butts
2. T.I.P. Project Number or State Project Number (NCDOT Only): NIA
3. Property Identification Number (Tax PIN): DB 1896 PG 229 parcel 8-035-025
4. Location
County: Craven Nearest Town: New Bern
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): US 17 south toward New
Bern get on NC 43 south into New Bern take right on Simmons St. Property is behind
Trinity Methodist Church
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.1113 ON 77.0799 °W
UTM 18 310444E 388717N Lat. 35 06 41 N Long 77 04 48 W
6. Property size (acres): 16.71
7. Name of nearest receiving body of water: Jack Smith Creek
8. River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Residential, Rural
10. Describe the overall project in detail, including the type of equipment to be used:Property
development, Typical land clearing and road building equipment: dozers, backhoes.
road graders, dump trucks.
Page 6 of 12

11. Explain the purpose of the proposed work: Road to access property
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.USACE has been onsite to look at wetland delineation. Action ID #.
SAW-2008-01819
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Unknown
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:Wetland impacts associated with a
single road crossing
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
senarately l,st imnarts rlrna to tenth Ctrnrrtnra nnr1 f1-1;-
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-vear
FloodPlain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
See Map Fill Forested yes >300' .07

Total Wetland Impact (acres) .07
3. List the total acreage (estimated) of all existing wetlands on the property-+/ 16.71 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included To ralrnintP arrpaoe mnltinlu lanath X 11r;r4l, rl'n" r1",,;A- 1- AZ CKn AT/A
Stream Impact
Number
(indicate on ma)
Stream Name
Tvpe of Impact Perennial or

Intermittent. Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation dredoino flnndino drainaaa 6,dtrhac%Ae a+n IVnNT
Open Water Impact
Site Number
(indicate on ma) Name of Waterbodv

('f applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay
ocean, etc.) Area of
Impact
(a res)

Total Open Water Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the roject:
Stream Impact (acres):
Wetland Impact acres): .07
Open Water Impact (acres):
Total Impact to Waters of the U. S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation NIA
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Im pacts are associated with
only one road crossing on the entire tract. Only filling wetlands associated with the road
crossing. No other wetlands will be impacted.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
Page 9 of 12
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?N/A
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Neuse )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
I Required
Zone* Impact Multiplier
1 3 (2 for Catawba) 0
2 1.5 0
Total 0
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. Stormwater from tract will sheet flow through vegetated uplands prior to enterinLy
wetlands.Stormwater from road crossing will sheet flow into wetlands
Page 11 of 12
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Onsite gravity septic system or city sewer.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2 o.enr.state. nc.usincwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
a
Applicant/Agenes Signature Date
(Agent's signaturd?/Is va? d only if an authorization letter from the applicant is provided.)
Page 12 of 12
16.7 acre tract - New Bern
FINAL MITIGATION PLANNING REPORT
Lynwood Butts
1633 Foster Road
Greenville, NC 27858
Issued: September 2008
Plant species were inventoried. The plant species identified and elevations selected for the
wetland creation effort resulted from the use of the transect method.
5.1 Wetland Creation
Hydrology to the site will be provided by the adjacent/existing wetland, stream, and
stormwater runoff from the surrounding uplands. Upon receiving a permit and approved
plan, In early spring 2009 target elevations will be set onsite. Silt fence will be placed
around the upland to be excavated. The plan is to remove the existing vegetation and
grade the sites to a target elevation nearest the existing wetland. All vegetation and any
spoil material will be removed and taken offsite to an upland stockpile area. The site will
be accessed from the existing 50' easement from Simmons Street. The plan is to allow the
site to revegetate naturally. If Phragmites australis emerges in the mitigation area it will be
controlled with "round-up" herbicide.
5.2 MONITORING PROCEDURES
An asbuilt report will be submitted to the US Army Corps of Engineers once the site is
constructed. The mitigation site is owned by the property owner. Routine road
maintenance or mowing will not disturb the sites being restored to wetland elevation.
Emergent wetland vegetation will be monitored at randomly located sample plots. A
minimum of three 1.0 m2 sample plots will be located in the wetland areas. Vegetation at
the site will be visited twice a year and monitored for seven years, or longer as necessary,
following the completion of the grade work.
5.3 SUCCESS CRITERIA
The success of the wetland creation project will be evaluated using the frequency and
average percent cover of emergent herbaceous vegetation. The site will be considered a
success if the calculated value for frequency is 0.5 and the calculated value for
average percent cover is at least 80% by the end of the fifth growing season.
Frequency will be determined by f=nx/ny, where f-- frequency, nX number of plots where
emergent herbaceous vegetation occurs, and ny= total number of plots. Average percent
cover will be determined by c=Ec/n, where c= average percent cover, E, = the sum of
estimated foliar cover for all plots, and n= the total number of plots.
6.0 CONCLUSIONS
The Mitigation Site will provide onsite wetland mitigation for impacts generated for
constructing a road crossing to access the property.
Table 1 summarizes wetland mitigation credits that will be generated by constructing a
Mitigation Site. Credits at the site are "restoration".
Lynwood Butts Mitigation Site September 2008
Final Mitigation Plan Page 3 of 4
Table 1. Summary of Mitigation at Mitigation Site
Location - Dec. Degrees : 35.1113N 77.0799W
Mitigation Type Species Mitigation Area Mitigation Credits
404 Wetland 404 species 0.14 acre
Amount used 0.14 acre 0.00 acre
Balance 0.000 acre
Lynwood Butts Mitigation Site September 2008
Final Mitigation Plan Page 3 of 4
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2008-01819 County: Craven U.S.G.S. Quad: New Bern
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Mr. Lvnwood Butts
Address: 1633 Foster Road
Greenville. North Carolina
27858
Telephone No.: 252-341-1642
Property description:
Size (acres) 16 Nearest Town New Bern
Nearest Waterway Jack Smith Creek River Basin Neuse
USGS HUC 03020204 Coordinates N 35.1113 W -77.0799
Location description Property is a 16 acre tract located on the west side of Simmons Street sout of the intersection
with Elizabeth Avenue adjacent to an unnamed tributary to Jack Smith Creek in New Bern North Carolina
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 6/5/2007. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Page 1 of 2
Action Id. SAW-2008-01819
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Tracey Wheeler at [phone] ex 24.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adiacent to an
unnamed tributarv of the Neuse River.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Tracey Wheeler, Project Manager,
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 08/05/2008.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.
Corps Regulatory

Date 06/05/2008 Expiration Date 06/05/2013
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the Customer Satisfaction Survey located at our website at hm:Hreizulato!Y.usacesurvey.com/ to
complete the survey online.
Copy furnished:
Jay Johnson
Page 2 of 2
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